Loss A Loss (also referred to as dilution) results when a fund or, in the case of a multi-class fund, a class either (1) has paid excess redemption proceeds as a result of an overstated NAV or (2) has received insufficient subscription monies as a result of an understated NAV (in either case, transacting shareholders benefit from transacting at the misstated NAV, to the detriment of the fund or class).
Consequential Loss Notwithstanding any provision of this Agreement to the contrary, the Agents shall not in any event be liable for indirect, punitive or consequential loss or special damages or other damage of any kind whatsoever (including but not limited to lost profits), whether or not foreseeable, even if the Agents have been advised of the likelihood of such loss or damage and regardless of whether the claim for loss or damage is made in negligence, for breach of contract or otherwise.
Losses Except as otherwise provided herein, losses for each year of the Partnership shall be allocated among the Partners pro rata in accordance with their respective Partnership Interests as specified on Exhibit B.
Consequential Losses Notwithstanding any other provision hereof, in no event shall (CCM POOL NAME) be liable for loss of profits or indirect, consequential, or liquidated damages of any nature arising from or in connection with this Agreement.
Loss or Mutilation Upon receipt by the Company from the Holder of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Warrant and indemnity or security reasonably satisfactory to it and reimbursement to the Company of all reasonable expenses incidental thereto and in case of mutilation upon surrender and cancellation hereof, the Company will execute and deliver in lieu hereof a new Warrant of like tenor to the Holder; provided, however, that in the case of mutilation, no indemnity shall be required if this Warrant in identifiable form is surrendered to the Company for cancellation.
Damages Should the registration or the effectiveness thereof required by Sections 4.1 and 4.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.
No adverse consequences (a) It is not necessary under the laws of its jurisdiction of incorporation:
Damage The risk of loss from casualty shall be on Seller. In the event that all or any substantial portion of the Premises shall be damaged before the Closing Date, Purchaser may, at its option, either (a) terminate this Agreement by delivering written notice to Seller within ten (10) days of Seller’s notification of such damage, or (b) proceed to Closing pursuant to the terms of this Agreement, in which event Seller shall assign to Purchaser at the Closing any insurance or just compensation proceeds attributable to the Premises from such damage together with a credit for Seller’s insurance deductible, with no reduction in the Purchase Price. For the purpose of this provision, a “substantial portion” of the Premises shall be deemed to include any damage, the cost of repair of which, is an amount equal to or greater than 5% of the Purchase Price. If less than a substantial portion (as defined above) of the Premises shall be damaged before the Closing Date, then the parties shall proceed to closing of this transaction, provided that (i) Seller shall repair the damage before the Closing Date and there shall be no reduction in the Purchase Price or (ii) at Purchaser’s option, Seller shall assign to Purchaser any insurance attributable to the Premises from such casualty together with a credit for Seller’s insurance deductible.
Injuries In the event of an incident or accident involving outside medical care for an individual on or near the Work, Contractor shall notify the ODR and other parties as may be directed within 24 hours of the event.
Other Costs and Expenses Subject to Section 7.1(d), Borrower shall pay to the Agents and the Conduits on demand all costs and out-of-pocket expenses in connection with the preparation, execution, delivery and administration of this Agreement, the transactions contemplated hereby and the other documents to be delivered hereunder, including without limitation, the reasonable fees and out-of-pocket expenses of legal counsel for the Agents and the Conduits (which such counsel may be employees of the Agents or the Conduits) with respect thereto and with respect to advising the Agents and the Conduits as to their respective rights and remedies under this Agreement. Borrower shall pay to the Agents on demand any and all costs and expenses of the Agents and the Lenders, if any, including reasonable counsel fees and expenses actually incurred in connection with the enforcement of this Agreement and the other documents delivered hereunder and in connection with any restructuring or workout of this Agreement or such documents, or the administration of this Agreement following an Amortization Event. Notwithstanding anything to the contrary contained herein, the parties hereto agree that in no event shall the Borrower be obligated to pay the fees and expenses of more than one legal counsel in respect of the Lenders, which counsel shall be counsel for the Administrative Agent.